This chapter shall be known as the "New Rochelle
Fire Prevention Code." It shall incorporate the standards found in
the Fire Code of New York State, which shall be referred to in this
chapter as the "State Code."

It is the intent of this code to establish provisions
to administer, enforce and establish rules and regulations to safeguard
life and property from the hazards of fire, explosion. structural
instability or the release of toxic gases arising from the storage,
handling or use of hazardous substances, materials or devices.

The Fire Commissioner is hereby designated as
code enforcement officer and is responsible for enforcement of the
Fire Prevention Code. A Deputy Chief, Acting Deputy Chief or code
enforcement officer may act as his agent in his absence. All uniformed
members of the New Rochelle Fire Department shall perform inspections,
issue orders for the correction of violations and investigate complaints.

The service of orders for the correction of violations
of this Code or of any notices provided for in this Code or required
herein shall be made upon the owner of the premises involved, unless
the premises is owned by one person and occupied by another, and,
in such case, upon the owner and the occupant or tenant thereof or
the managing agent of the premises. Service may be made upon such
person personally or by registered mail directed to the last known
address or, in the case of an owner, to the mailing address given
in the records of the tax office of the City of New Rochelle to which
tax bills relating to the property involved are mailed.

If buildings or other premises are owned by one person
and occupied by another under lease or otherwise, the orders issued
in connection with the enforcement of the Fire Prevention Code shall
apply to the occupant thereof and the owner.

The Fire Commissioner or any officer or firefighter
may, at all reasonable hours, enter any building or premises for the
purpose of making any inspection or investigation which, under the
provisions of the Fire Prevention Code, he or they may deem necessary
to be made.

It shall be the duty of the Fire Commissioner to inspect,
or cause to be inspected by Fire Department officers or fire fighters,
all buildings and premises, except the interiors of dwellings, as
often as may be necessary for the purpose of ascertaining and causing
to be corrected any conditions liable to cause fire or any violations
of the provisions or intent of this Code and of any other ordinance
affecting the fire hazard.

In order to pay for the City of New Rochelle Fire Safety Inspection Program, pursuant to which authorized officers and employees of the City inspect buildings containing multiple dwelling and general building construction uses, and to ensure compliance with applicable codes, including, but not limited to the State Code, the New Rochelle Fire Prevention Code, and other applicable provisions of law, a schedule of fees for classes of occupancies inspected by such Program is hereby established as set forth in Chapter 133, Fees, of the New Rochelle Code. The fees established herein shall be administered by the Department of Finance and shall be billed, accrue interest, be collected, and be enforced in the same manner and at the same time as provided by law for combined City/county taxes.

Firesafety inspections of areas of all multiple dwellings
and all nonresidential occupancies, not to exceed 24 months. Occupancies
requiring an annual permit are to be inspected at least once per year.

The Corporation Counsel and the Police Department,
upon request of the Fire Department, shall assist in the investigation
of any fire which is of suspicious origin or which involves loss of
life or injury to persons or by which property has been destroyed
or substantially damaged.

This chapter shall apply to explosives and other
hazardous materials as hereinafter defined, except that it shall not
apply, except as to routes to be followed, to transportation when
under the jurisdiction of the Interstate Commerce Commission and in
conformity with the regulations promulgated by the Commission or regulations
lawfully on file and approved by the Commission, nor to facilities
for shipment by water when in conformity with the regulations of and
under the jurisdiction of the United States Coast Guard, nor to the
transportation and use of small quantities encountered in normal and
emergency operations of federal agencies (such as the Bureau of Mines,
the Federal Bureau of Investigation and the Secret Service), nor the
movement of munitions by the United States Department of Defense,
nor State Police or duly authorized State Militia, nor to Municipal
Police or Fire Departments, provided that they are acting within their
official and in proper performance of their duties.

A permit or license shall constitute permission to
maintain, store or handle materials or to conduct processes which
produce conditions hazardous to life or property. Such permit or license
does not take the place of any license required by law. It shall not
be transferable; any change in use or occupancy of premises shall
require a new permit or license.

Before a permit or license may be issued, the Fire
Commissioner or his assistants shall inspect and approve the receptacles,
vehicles, buildings or storage places to be used. In cases where laws
or regulations enforceable by departments other than the Fire Department
are applicable, joint approval shall be obtained from all departments
concerned.

The Fire Commissioner may revoke a permit or
license issued if any violation of the code is found upon inspection
or in case there has been any false statement or misrepresentation
as to a material fact in the application or plans on which the permit
or license was based.

No person shall store more than two cases of fixed
ammunition until a permit therefor has been issued by the Fire Commissioner.
"Fixed ammunition" shall mean small arms or blank ammunition designed
to be fired from a pistol, revolver, rifle or shotgun held by hand
or at the shoulder.

Fixed ammunition shall be stored in the manufacturer's
cases, cartons or boxes and shall not be kept in any room, compartment
or place where flammable liquids, flammable solids, oxidizing materials
or flammable compressed gases are kept, nor shall the quantity stored
at any time exceed 50 cases of fixed ammunition.

The applicant shall indemnify all persons and the
City against any loss, expense, cost or damage, direct or indirect
of any kind or nature, to property, resulting from possession, storage
or use of such explosives or the prosecution of the work involving
such explosives. This liability and responsibility upon the part of
the applicant shall be absolute and shall not depend upon any question
of negligence upon his part or upon the part of his agent, servants
or employees, and the neglect of anyone to direct the applicant to
take any particular precaution or to refrain from doing any particular
thing shall not excuse the applicant in case of any such damage. Before
the issuance of any permit, the applicant shall furnish the City of
New Rochelle, its officers and employees and the person and contractor
doing the blasting or causing said blasting to be done and the owner
of the property whereon said blasting is being done, all as additional
insureds, insurance against liability for damages arising out of said
blasting in the amount of $3,000,000 for property damage and $5,000,000
for personal injuries, including death for each accident. Insurance
shall be evidenced by insurance endorsement and shall be changed to
cover each new job.

The applicant shall indemnify all persons and the
City against any loss, expense, cost or damage, direct or indirect
of any kind or nature, to property, resulting from possession, storage
or use of such explosives or the prosecution of the work involving
such explosives. This liability and responsibility upon the part of
the applicant shall be absolute and shall not depend upon any question
of negligence upon his part or upon the part of his agent, servants
or employees, and the neglect of anyone to direct the applicant to
take any particular precaution or to refrain from doing any particular
thing shall not excuse the applicant in case of any such damage. Before
the issuance of any permit, the applicant shall furnish the City of
New Rochelle, its officers and employees and the person and contractor
doing the blasting or causing said blasting to be done and the owner
of the property whereon said blasting is being done, all as additional
insureds, insurance against liability for damages arising out of said
blasting in the amount of $3,000,000 for property damage and $5,000,000
for personal injuries, including death, for each accident. Insurance
shall be evidenced by insurance endorsement and shall be changed to
cover each new job.

The applicant shall indemnify all persons and the
City against any loss, expense, cost or damage, direct or indirect
of any kind or nature, to property, resulting from possession, storage
or use of such explosives or the prosecution of the work involving
such explosives. This liability and responsibility upon the part of
the applicant shall be absolute and shall not depend upon any question
of negligence upon his part or upon the part of his agent, servants
or employees, and the neglect of anyone to direct the applicant to
take any particular precaution or to refrain from doing any particular
thing shall not excuse the applicant in case of any such damage. Before
the issuance of any permit, the applicant shall furnish the City of
New Rochelle, its officers and employees and the person and contractor
doing the blasting or causing said blasting to be done and the owner
of the property whereon said blasting is being done, all as additional
insureds, insurance against liability for damages arising out of said
blasting in the amount of $3,000,000 for property damage and $5,000,000
for personal injuries, including death, for each accident. Insurance
shall be evidenced by insurance endorsement and shall be changed to
cover each new job.

A public garage is any place used for the storage
of one or more automobiles, parts thereof or any type or types of
motor vehicles, whether such storage is for manufacture, repair, exhibition,
demonstration, sale, rental, hire, painting, adjustment or equipment.

Floor assemblies shall be constructed of noncombustible
materials or, if combustible materials are used in the assembly, shall
be surfaced with approved noncombustible material. Floors shall be
liquid-tight to prevent the leakage or seepage of liquids and shall
be sloped to facilitate the movement of water, fuel or other liquids
to approved floor drains.

Gasoline, except such as may be contained in the tanks
of automobiles in storage, shall be kept in tanks underground, in
an approved location. No gasoline may be stored in vehicle tanks when
floors are of combustible assembly, however sealed.

Garages shall not be located within or attached to
a building or structure used for any purpose other than a garage unless
separated by walls or partitions, floors or floor-ceiling assemblies
having a fire-resistive rating of not less than two hours.

No testing of petroleum storage facilities shall be
performed unless prior approval has been secured from the Fire Commissioner.
Testing shall only be performed by testers holding the proper license
issued by the Fire Commissioner. Written results of tests performed
must be forwarded to the Fire Commissioner within 48 hours of completion.
All equipment failures must be reported immediately.

All above- or underground installations of petroleum
storage facilities must meet or exceed New York State Department of
Environmental Conservation 6 NYCRR 614, Standards for New and Substantially
Modified Petroleum Storage Facilities. A letter stating the same and
signed by the licensed installer must be attached to the application
for a permit-to install.

A permit shall be required for the storage or use
of a flammable liquid in excess of five gallons inside a building
or 10 gallons outside of a building, or for a combustible liquid over
25 gallons inside a building or over 60 gallons outside of a building,
except that no permit shall be required for the following:

A permit shall be required for the storage of hazardous
materials not otherwise covered in this code which are highly flammable,
or which may react to cause fires or explosions, or which, by their
presence, create or augment a fire or explosion hazard, or which,
because of their toxicity, flammability or liability to explosion,
render fire fighting abnormally dangerous or difficult; also to liquids
which are chemically unstable and which may spontaneously form explosive
compounds or undergo spontaneous reactions of explosive violence or
with sufficient evolution of heat to be a fire hazard. Hazardous materials
shall include such materials as compressed gases. flammable solids,
corrosive liquids, radioactive materials, oxidizing materials and
poisonous gases.

A permit is required for the construction and operation
of industrial baking and drying ovens which are heated with oil or
gas fuel or which, during operation, contain flammable vapors from
products being baked or dried.

A permit shall be obtained for each installation of
liquefied petroleum gas employing a container or aggregate of interconnected
containers of over 1,000 pounds' (nominal 120 gallons) water capacity
and for each permanent installation, irrespective of the size of the
containers, made at buildings in which people congregate for civic,
political, educational, religious. social or recreational purposes.
Such buildings shall include schools, churches, hospitals, institutions,
hotels and restaurants, each having a capacity of 20 or more persons.
Prior to making such an installation, an installer shall submit plans
to the Fire Commissioner, and, if in compliance with the requirements
of this code, a permit shall be issued.

Installers shall maintain a record of all installations for which a permit is not required by Subsection L(1) above (but not including installation of gas-burning appliances and replacing of portable cylinders) and have it available for inspection by the Fire Department.

Oil-burner equipment (installation). A permit shall
be obtained for the installation or replacement of each and every
oil-burning equipment, which permit may be declared null and void
where any oil-burning equipment has not been properly installed or
has become defective or dangerous to life and property.

Welding and cutting. A permit shall be obtained for
the use of acetylene or other fuel gases in connection with welding
or cutting if the acetylene or other fuel gas is supplied to work
areas or consuming devices as follows:

Woodworking plants. Sawmills, planing mills and other
woodworking plants shall be equipped with refuse removal systems which
will collect and remove sawdust and shavings as produced; or suitable
metal or metal-lined bins, provided with normally closed covers or
automatically closing covers, shall be installed at or near such machines,
and shavings and sawdust shall be swept up and deposited in such bins
at sufficiently frequent intervals as to keep the premises clean.
Blower and exhaust systems shall be installed in accordance with NFPA
664.

Upon approval of the Fire Commissioner and payment
of a license fee, a license shall be issued. Said license shall expire
on the 31st day of December after the date of issue. An applicant
for such license who has failed to pass the examination or who has
had his license revoked may renew his application after the expiration
of three months from the date of his last examination or after expiration
of three months from the date of any revocation of any license.

No person, firm or corporation not duly licensed by
the Fire Department may install, relocate, replace, modify or test
any equipment designed for or intended as a part of any installation
involving the use or handling and storage of flammable liquids.

A license may be issued only to individuals. A copartnership, firm or corporation shall not engage in the work described in Subsection B(1) above unless one of the partners, in the case of a firm or copartnership, and in the case of a corporation, one of the officers thereof, has been licensed as hereinafter provided, and all work described in Subsection B(1) hereinabove shall be done under the direct supervision of such duly licensed individual. The licensed individual must be present during installation, replacement, relocation, modification or testing of equipment.

Pass an examination by the Fire Commissioner
with respect to the applicant's knowledge of the equipment installation
and maintenance of the type of equipment using flammable liquids for
which the applicant desires to be licensed.

In addition thereto, the applicant shall present
satisfactory evidence of experience in the installation and maintenance
of the type of equipment for which he desires to be licensed to install
for a period of not less than one year.

Upon approval of the Fire Commissioner and payment
of a license fee, a license shall be issued. Said license shall expire
on the 31st day of December after the date of issue. An applicant
for such license who has failed to pass the examination or who has
had his license revoked may renew his application after the expiration
of three months from the date of his last examination or after expiration
of three months from the date of any revocation of any license.

In all theaters, places of amusement and public buildings
where motion-picture projection machines are used or operated, a duly
licensed motion-picture operator shall at all times during any performance
be assigned to and remain in charge of each motion-picture machine
while in operation therein; and it shall be the duty of the owner,
proprietor, manager or other person having charge of such theater,
place of amusement or public building to comply with the provisions
of this section. If platter or automated systems are used, an operator
may run multiple machines, provided that said machines are within
the same building.

Application shall be filed with the City of
New Rochelle Fire Department, accompanied by two passport-sized photos,
the applicant's fingerprints, taken by the New Rochelle Police Department,
and the license fee.

Upon notice from the Fire Commissioner, the
applicant shall pass an examination in regard to his practical knowledge
of motion-picture apparatus, films, booths, etc., the proper safety
precautions to be used therewith and the laws and ordinances governing
them.

Each existing and future license and renewals
thereof shall expire on December 31 of the year of issuance and may
be renewed for a period of one year from the date of expiration upon
payment of the annual license fee.

Pursuant to § 379 of the Executive Law, the following local code provisions are permitted to be used in place of the corresponding sections of Subtitle S, Division of Housing and Community Renewal, Chapter 1, the New York State Uniform Fire Prevention and Building Code, Subchapter C, Fire Prevention.

Self-service gasoline stations. Self-service gasoline
stations are required to have fixed flammable liquid extinguishing
systems, approved by the Fire Commissioner, located at or in the vicinity
of the dispensing devices. Such systems shall be automatic as well
as controlled by the attendant at the central control station. Supersedes
Part 1164.3c-3. (Approved 12-16-85 by the New York State Fire Prevention
and Building Code Council.)

Portable oil heaters. The use, maintenance or storage
of any portable fuel-fired heater in any living or sleeping space
is prohibited. Supersedes Part 1191.3d-1. (Approved 12-16-1985 by
the New York State Fire Prevention and Building Code Council.)

Except as provided in Subsection B below, an offense against the provisions of this chapter shall be punishable by a fine of not more than $2,500 for a first offense and not more than $5,000 for a second or subsequent offense within three years of a first or other offense of this chapter, or by imprisonment for not more than 15 days, or both.

Notwithstanding anything to the contrary contained in Subsection A above, any person violating any provision of the Fire Code of New York State, Chapter 38, Liquefied Petroleum Gas, Containers and Tanks; Section 609, Commercial Cooking Equipment; Sections 308, 306, 805, 1003.2.2.1, Assembly Spaces; Chapter 34, Flammable and Combustible Liquids; Chapter 27, Hazardous Materials; Chapter 33, Explosives, Ammunition and Blasting Agents; Chapter 9, Fire Protection Systems, or failing to comply with any order or regulation made thereunder shall, upon conviction, be guilty of a violation punishable by a fine not more than $2,500 for a first offense and not more than $5,000 for a second or subsequent offense within three years of a first or other offense of this chapter, or by imprisonment for not more than 15 days, or both, for each and every offense. The imposition of the penalty for any violation of the Fire Code of New York State, Chapter 38, Liquefied Petroleum Gas, Containers and Tanks; Section 609, Commercial Cooking Equipment; Sections 308, 306, 805, 1003.2.2.1, Assembly Spaces; Chapter 34, Flammable and Combustible Liquids; Chapter 27, Hazardous Materials; Chapter 33, Explosives, Ammunition and Blasting Agents; Chapter 9, Fire Protection Systems, shall not excuse the violation or permit it to continue, and each five days that the prohibited conditions are maintained shall constitute a separate offense.